4117-5-05
Hearing on questions of representation.

(A)
If the board determines that there is
reasonable cause to believe that a question or questions of representation
requiring a hearing exist, the board shall issue to the parties a notice of
hearing. Immediately upon receipt, an employer shall post such notice in a
conspicuous place where employees will be reasonably apprised of its contents.
The notice shall remain posted until the hearing is concluded. The employer
shall take reasonable steps to ensure that such notices are not altered,
defaced or covered by other materials.

(B)
The board, a board member, or an
administrative law judge will conduct a hearing to determine whether a question
of representation exists. In a written prehearing statement, each party shall
state all issues to be raised at the hearing. Parties failing to submit a
prehearing statement may be denied the opportunity to present evidence at the
hearing.

(C)
If the board finds
upon the record of the hearing that a question of representation exists, it
shall direct an election in accordance with section
4117.07 of the Revised Code and
Chapter 4117-5 of the Administrative Code. If the board finds that a question
of representation does not exist, it shall dismiss the petition and notify all
parties.

(D)
If the board
determines from the investigation that there is a question of majority
representation requiring an election and that there are no other disputed
issues, the board may direct an election without a hearing.